Labor and Employment

Labor & Employment

CRA provides in-depth analysis, expert reports, testimony, and advisory services to law firms, companies—both large and small—and government agencies involved in complex labor and employment disputes. We also assist employers by conducting proactive studies of employment and contracting practices, monitoring consent decrees and settlement agreements, and designing systems to track employment practices.

Wage and hour analysis

In the area of wage and hour analysis, CRA consultants:

  • Analyze liability and assess damages under the Fair Labor Standards Act (FLSA), California overtime laws, and other state-specific wage and hour laws.
  • Assess the value of unpaid overtime, off-the-clock work, minimum wage violations, missed meals and rest periods, lost vacation days, and failure to pay prevailing wages. CRA has worked extensively with payroll, HRIS, and time clock data to analyze liability and assess damages under wage and hour laws.
  • Calculate wait-time, pay stub, and other state-specific wage and hour penalties through case experience and ongoing education.

EEO/employment discrimination and litigation

In the area of EEO and employment discrimination, CRA experts:

  • Provide expert testimony on behalf of both plaintiffs and defendants on matters involving allegations of discrimination in compensation, promotions, terminations, hiring, and performance reviews.
  • Estimate potential earnings and other economic losses associated with alleged wrongful termination, failure to promote, equal pay, and wrongful death in both single- and multi-plaintiff matters.
  • Work with counsel to anticipate and respond to OFCCP desk audits and EEOC investigations.
  • Assist in the review and production of employer data to government agencies. CRA ensures that employer data is complete and accurate while restricting the data to relevant populations.
  • Help counsel with the review and critique of analyses offered by the government agencies and, when appropriate, rebutting analyses that are responsive to the agencies’ claims.
  • Participate in negotiations with agency officials on appropriate statistical methodologies.
  • Provide analyses that are required as part of a negotiated settlement or consent decree.

Audits of employment practices

In the area of employment issues, CRA experts provide proactive analyses of employment practices and:

  • Work with in-house and outside counsel to prepare internal audits of employment outcomes and develop systems that allow for periodic monitoring of selection decisions.
  • Assist companies undergoing workforce reductions to review the preliminary layoff decisions for adverse impact by modeling the company’s decision-making process as well as using approaches typically adopted by plaintiffs.
  • Examine employee compensation and work with counsel to determine when adjustments may be appropriate using compensation models grounded in labor economic theory and based on an employer’s compensation policies and procedures.

Policy consulting

In the area of policy consulting, CRA experts:

  • Assist clients with ascertaining the impact of public policy decisions, such as living wage laws on labor market outcomes, including unemployment and labor costs.
  • Work on education policies concerning individuals who are on the margin between going to college and not, as well as policies for vocational and technical colleges.
  • Assist with education policies concerning school construction, the effects of additional school funding, incentives in education for teachers and students, school accountability, health interventions as a way to increase school performance and educational attainment, job training, and vocational education.

Diversity and inclusion

In the area of policy consulting, CRA experts:

  • Develop automated online reporting tools that enable HR leaders to set D&I goals and report on progress
  • Bring analytical rigor to D&I metrics
  • Develop and implement a roadmap to meet D&I goals
  • Manage risks and ensure compliance with OFCCP/EEOC; Title VII, EPA, ADEA, and ADA; state-specific laws; EU anti-discrimination laws; Country-specific laws

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Pay equity audits

Pay equity is governed by a variety of complex laws that create a substantial amount of risk. When employers want to manage their risk exposure and ensure their employees are being paid equitably, they turn to CRA. For more than 20 years, we have helped HR leaders and legal counsel develop strategies, processes, and controls tailored to their pay practices. CRA has experience in a wide range of industries, and our work has withstood the scrutiny of both local and federal agencies.

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